2021 Georgia Code
Title 9 - Civil Practice
Chapter 11 - Civil Practice Act
Article 4 - Parties
§ 9-11-21. Misjoinder and Nonjoinder of Parties
Misjoinder of parties is not ground for dismissal of an action. Parties may be dropped or added by order of the court on motion of any party or of its own initiative at any stage of the action and on such terms as are just. Any claim against a party may be severed and proceeded with separately.
(Ga. L. 1966, p. 609, § 21.)
Law reviews.- For article surveying Georgia cases in the area of trial practice and procedure from June 1979 through May 1980, see 32 Mercer L. Rev. 225 (1980).
JUDICIAL DECISIONSANALYSIS
- General Consideration
- Adding or Dropping Parties
- Misnomers
RESEARCH REFERENCES
Am. Jur. 2d.
- 42 Am. Jur. 2d, Injunctions, § 225. 59 Am. Jur. 2d, Parties, §§ 124 et seq., 371 et seq., 382 et seq. 75 Am. Jur. 2d, Trial, §§ 92, 93.
C.J.S.- 35A C.J.S., Federal Civil Procedure, § 205 et seq. 35B C.J.S., Federal Civil Procedure, §§ 802, 823. 67A C.J.S., Parties, § 143 et seq.
ALR.
- Joinder, in one action at law, of persons not jointly liable, one or the other of whom is liable to the plaintiff, 41 A.L.R. 1223.
Appealability of order sustaining demurrer, or its equivalent, to complaint on ground of misjoinder or nonjoinder of parties or misjoinder of causes of action, 56 A.L.R.2d 1238.
Propriety of consideration of, and disposition as to, third persons' property claims in divorce litigation, 63 A.L.R.3d 373.
Application of relation back doctrine permitting change in party after statute of limitations has run in state court action - products liability cases, 93 A.L.R.6th 463.
Application of relation back doctrine permitting change in party after statute of limitations has run in state court action - wrongful death cases, 94 A.L.R.6th 111.
Application of relation back doctrine permitting change in party after statute of limitations has run in state court action - medical malpractice cases against physicians and other individual health care providers, 95 A.L.R.6th 85.
Construction and application of fraudulent misjoinder exception to complete diversity rule, 65 A.L.R. Fed. 2d 527.
